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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
3258
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
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Introduced by M. of A. BENJAMIN, BROOK-KRASNY, COLTON, WALKER, ESPAILLAT
-- Multi-Sponsored by -- M. of A. CLARK -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing the lighting efficiency and toxics reduction act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The environmental conservation law is amended by adding a
2 new article 50 to read as follows:
3 ARTICLE 50
4 LIGHTING EFFICIENCY AND TOXICS REDUCTION ACT
5 SECTION 50-0101. SHORT TITLE.
6 50-0103. LEGISLATIVE FINDINGS.
7 50-0105. REDUCTION IN THE USE OF TOXIC MATERIALS.
8 50-0107. DEFINITIONS.
9 50-0109. RESPONSIBILITIES OF MANUFACTURERS.
10 50-0111. STATEWIDE ELECTRICAL ENERGY CONSUMPTION LIMIT FOR
11 LIGHTING.
12 50-0113. REDUCTION IN STATEWIDE ELECTRICAL ENERGY CONSUMPTION
13 FOR LIGHTING.
14 S 50-0101. SHORT TITLE.
15 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "LIGHTING EFFICIENCY
16 AND TOXICS REDUCTION ACT".
17 S 50-0103. LEGISLATIVE FINDINGS.
18 THE LEGISLATURE FINDS AND DECLARES ALL OF THE FOLLOWING:
19 1. MANY EXISTING LIGHTING CHOICES CONTAIN TOXIC MATERIALS. MOST
20 FLUORESCENT LIGHTING PRODUCTS CONTAIN HAZARDOUS LEVELS OF MERCURY. MOST
21 INCANDESCENT LIGHTING PRODUCTS CONTAIN HAZARDOUS LEVELS OF LEAD. NEW
22 YORK STATE PROHIBITS DISPOSING OF HAZARDOUS LIGHTING PRODUCTS IN THE
23 SOLID WASTE STREAM. THE HAZARDOUS MATERIAL IN THESE PRODUCTS CAN BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05766-01-9
A. 3258 2
1 MANAGED THROUGH RECYCLING, BUT CURRENT RECYCLING OPPORTUNITIES AND
2 LEVELS ARE VIRTUALLY NONEXISTENT FOR MOST CONSUMERS.
3 2. FLUORESCENT LIGHTING PRODUCTS DELIVERING THE SAME LEVEL OF LIGHT AT
4 THE SAME LEVEL OF EFFICIENCY CAN HAVE WIDELY VARYING LEVELS OF MERCURY.
5 S 50-0105. REDUCTION IN THE USE OF TOXIC MATERIALS.
6 THE DEPARTMENT SHALL, AFTER ONE OR MORE PUBLIC HEARINGS, DO ALL OF THE
7 FOLLOWING, IN ORDER TO REDUCE THE USE OF TOXIC MATERIALS IN GENERAL
8 PURPOSE LIGHTS SOLD IN THIS STATE:
9 1. PRESCRIBE, BY REGULATION, A SCHEDULE FOR REDUCING THE MAXIMUM
10 LEVELS OF MERCURY PER LUMEN HOUR IN GENERAL PURPOSE LIGHTS SOLD OR
11 AVAILABLE FOR SALE IN THIS STATE.
12 2. PRESCRIBE, BY REGULATION, A SCHEDULE FOR REDUCING THE MAXIMUM
13 LEVELS OF LEAD IN GENERAL PURPOSE LIGHTS SOLD OR OFFERED FOR SALE IN
14 THIS STATE.
15 S 50-0107. DEFINITIONS.
16 1. (A) FOR PURPOSES OF THIS ARTICLE, "GENERAL PURPOSE LIGHTS" MEANS
17 LAMPS, BULBS, TUBES, OR OTHER DEVICES THAT PROVIDE FUNCTIONAL ILLUMI-
18 NATION FOR INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE.
19 (B) GENERAL PURPOSE LIGHTS DO NOT INCLUDE ANY OF THE FOLLOWING
20 SPECIALTY LIGHTING: APPLIANCE, BLACK LIGHT, BUG, COLORED, INFRARED, LEFT
21 HAND THREAD, MARINE, SIGNAL SERVICE, MINE SERVICE, PLANT LIGHT, REFLEC-
22 TOR, ROUGH SERVICE, SHATTER RESISTANT, SIGN SERVICE, SILVER BOWL, SHOW-
23 CASE, THREE-WAY TRAFFIC SIGNAL, AND VIBRATION SERVICE OR VIBRATION
24 RESISTANT.
25 (C) GENERAL PURPOSE LIGHTS DO NOT INCLUDE LIGHTS NEEDED TO PROVIDE
26 SPECIAL NEEDS LIGHTING FOR INDIVIDUALS WITH EXCEPTIONAL NEEDS.
27 (D) FOR PURPOSES OF THIS ARTICLE, "HAZARDOUS MATERIAL" MEANS ANY MATE-
28 RIAL THAT, BECAUSE OF ITS QUANTITY, CONCENTRATION, OR PHYSICAL OR CHEMI-
29 CAL CHARACTERISTICS, POSES A SIGNIFICANT PRESENT OR POTENTIAL HAZARD TO
30 HUMAN HEALTH AND SAFETY OR TO THE ENVIRONMENT IF RELEASED INTO THE WORK-
31 PLACE OR THE ENVIRONMENT. "HAZARDOUS MATERIALS" INCLUDE, BUT ARE NOT
32 LIMITED TO, HAZARDOUS SUBSTANCES, HAZARDOUS WASTE, AND ANY MATERIAL THAT
33 A HANDLER OR THE ADMINISTERING AGENCY HAS A REASONABLE BASIS FOR BELIEV-
34 ING THAT IT WOULD BE INJURIOUS TO THE HEALTH AND SAFETY OF PERSONS OR
35 HARMFUL TO THE ENVIRONMENT IF RELEASED INTO THE WORKPLACE OR THE ENVI-
36 RONMENT.
37 S 50-0109. RESPONSIBILITIES OF MANUFACTURERS.
38 EVERY MANUFACTURER OF GENERAL PURPOSE LIGHTS SOLD IN THIS STATE AND
39 CONTAINING HAZARDOUS MATERIALS SHALL BE RESPONSIBLE FOR ALL OF THE
40 FOLLOWING:
41 1. ON AND AFTER JULY 1, 2012, ENSURING THAT A SYSTEM IS IN PLACE TO
42 PROVIDE FOR THE COLLECTION AND RECYCLING OF ANY END-OF-LIFE GENERAL
43 PURPOSE LIGHTS GENERATED IN THIS STATE.
44 2. ON OR BEFORE JULY 1, 2011, SUBMITTING A PLAN TO THE DEPARTMENT FOR
45 THE COLLECTION, RECYCLING, AND PROPER MANAGEMENT OF END-OF-LIFE GENERAL
46 PURPOSE LIGHTS GENERATED IN THIS STATE.
47 3. THE PLAN AT A MINIMUM SHALL INCLUDE ALL OF THE FOLLOWING:
48 (A) THE METHODS TO BE USED BY THE MANUFACTURER TO COLLECT AND PROPERLY
49 MANAGE THE DEVICES GENERATED IN THIS STATE.
50 (B) THE NUMBER AND FREQUENCY OF COLLECTION OPPORTUNITIES.
51 (C) THE METHODS TO BE USED TO EDUCATE CONSUMERS ABOUT THE OPPORTU-
52 NITIES PRESENTED IN THE PLAN.
53 (D) THE FUNDING MECHANISMS TO BE USED BY THE MANUFACTURER TO ACCOM-
54 PLISH THE PLAN.
55 S 50-0111. STATEWIDE ELECTRICAL ENERGY CONSUMPTION LIMIT FOR LIGHTING.
A. 3258 3
1 1. ON OR BEFORE JULY 1, 2011, THE DEPARTMENT, AFTER ONE OR MORE PUBLIC
2 WORKSHOPS, WITH PUBLIC NOTICE AND AN OPPORTUNITY FOR ALL INTERESTED
3 PARTIES TO COMMENT, SHALL DETERMINE THE AMOUNT OF STATEWIDE ELECTRICAL
4 ENERGY CONSUMPTION USED FOR LIGHTING IN 2010, AND SHALL APPROVE, IN A
5 PUBLIC HEARING, A STATEWIDE ELECTRICAL ENERGY CONSUMPTION LIMIT FOR
6 LIGHTING, TO BE ACHIEVED BY 2020, THAT IS EQUIVALENT TO FIFTY PERCENT OF
7 2010 USE LEVELS FOR INDOOR RESIDENTIAL LIGHTING AND SEVENTY-FIVE PERCENT
8 OF 2010 USE LEVELS FOR INDOOR COMMERCIAL AND OUTDOOR USE LIGHTING.
9 2. THE STATEWIDE ELECTRICAL ENERGY CONSUMPTION LIMIT FOR LIGHTING
10 SHALL REMAIN IN EFFECT UNLESS OTHERWISE AMENDED OR REPEALED.
11 3. IT IS THE INTENT OF THE LEGISLATURE THAT THE STATEWIDE ELECTRICAL
12 ENERGY CONSUMPTION LIMIT FOR LIGHTING CONTINUE TO OPERATE AND BE USED TO
13 MAINTAIN AND CONTINUE REDUCTIONS IN ENERGY CONSUMPTION FOR LIGHTING
14 BEYOND 2020.
15 4. THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE
16 LEGISLATURE REGARDING HOW TO CONTINUE REDUCTIONS IN ELECTRICAL ENERGY
17 CONSUMPTION FOR LIGHTING BEYOND 2020.
18 S 50-0113. REDUCTION IN STATEWIDE ELECTRICAL ENERGY CONSUMPTION FOR
19 LIGHTING.
20 1. THE DEPARTMENT SHALL, AFTER ONE OR MORE PUBLIC HEARINGS, DO ALL THE
21 FOLLOWING, IN ORDER TO REDUCE THE WASTEFUL, UNECONOMIC, INEFFICIENT, OR
22 UNNECESSARY CONSUMPTION OF ENERGY FOR LIGHTING BY 2020:
23 (A) DEVELOP AND IMPLEMENT A STATEWIDE STRATEGY FOR REDUCING ENERGY
24 CONSUMPTION FOR INDOOR RESIDENTIAL LIGHTING BY FIFTY PERCENT.
25 (B) DEVELOP AND IMPLEMENT A STATEWIDE STRATEGY FOR REDUCING ENERGY
26 CONSUMPTION FOR INDOOR COMMERCIAL AND OUTDOOR USE LIGHTING BY
27 TWENTY-FIVE PERCENT.
28 (C) ON OR BEFORE DECEMBER 31, 2011, ESTABLISH A SCHEDULE OF MINIMUM
29 ENERGY EFFICIENCY STANDARDS FOR ALL GENERAL PURPOSE LIGHTS.
30 (D) ESTABLISH PROGRAMS AND INCENTIVES TO ENCOURAGE THE SALE IN THIS
31 STATE OF GENERAL PURPOSE LIGHTS THAT MEET OR EXCEED THE STANDARDS SET IN
32 SUBDIVISION THREE OF THIS SECTION.
33 2. THE OFFICE OF GENERAL SERVICES, IN COORDINATION WITH THE DEPART-
34 MENT, SHALL END THE PURCHASE OF GENERAL PURPOSE LIGHTS IN STATE FACILI-
35 TIES THAT DO NOT MEET THE STANDARDS ADOPTED PURSUANT TO PARAGRAPH (C) OF
36 SUBDIVISION ONE OF THIS SECTION WITHIN TWO YEARS OF THE STANDARDS BEING
37 ADOPTED.
38 3. FOR PURPOSES OF THIS SECTION, "GENERAL PURPOSE LIGHTS" MEANS LAMPS,
39 BULBS, TUBES, OR OTHER DEVICES THAT PROVIDE FUNCTIONAL ILLUMINATION FOR
40 INDOOR RESIDENTIAL, INDOOR COMMERCIAL, AND OUTDOOR USE.
41 (A) GENERAL PURPOSE LIGHTS DO NOT INCLUDE ANY OF THE FOLLOWING
42 SPECIALTY LIGHTING: APPLIANCE, BLACK LIGHT, BUG, COLORED, INFRARED, LEFT
43 HAND THREAD, MARINE, SIGNAL SERVICE, MINE SERVICE, PLANT LIGHT, REFLEC-
44 TOR, ROUGH SERVICE, SHATTER RESISTANT, SIGN SERVICE, SILVER BOWL, SHOW-
45 CASE, THREE-WAY TRAFFIC SIGNAL, AND VIBRATION SERVICE OR VIBRATION
46 RESISTANT.
47 (B) GENERAL PURPOSE LIGHTS DO NOT INCLUDE LIGHTS NEEDED TO PROVIDE
48 SPECIAL NEEDS LIGHTING FOR INDIVIDUALS WITH EXCEPTIONAL NEEDS.
49 S 2. This act shall take effect immediately.
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